The National Green Tribunal today gave the green light for hosting of the ‘World Culture Festival’ event organized by the Art of Living Foundation..The grant of permission was accompanied with a fine of five crore Rupees imposed by the tribunal on the foundation. The other authorities that were fined for not meeting statutory compliances were the Delhi Development Authority (DDA) and the Delhi Pollution Control Committee. The two were fined with one lakh and five lakh rupees respectively..The event, scheduled to be held from March 11-13 on the banks of Yamuna river in New Delhi, has been under a cloud of controversy. A number of NGOs and environmentalists had opposed the event, arguing that the event would decimate the fragile ecosystem of the riverbed..Environmental activist Anand Arya, who was the petitioner in the case, had stated earlier that more than 1,000 acres of marshland had been mowed down for the conduct of this event. Over the course of two days of hearing, the Bench led by Justice Swatanter Kumar had come down hard on all the authorities involved in granting permission for conducting the event and had questioned them regarding the ‘legality’ of these permissions..In its 10-page order, the NGT has declined to grant a ‘prohibitory order’ and any directions for removal of construction in the said area, due to the delay in approaching the NGT. After imposing an initial fine of five crores, the NGT has also said that the entire area would be “developed as a biodiversity park”, with this fine to be used for the said development..The Tribunal further goes on to say,.“This Tribunal is primarily dealing with the ecological, environmental and biodiversity damage done to the river and the flood plains by the activity of the Foundation and the environmental consequences of holding such an event. We are not strictly concerned with the cultural event that is proposed to be held from 11th to 13th March, 2016…..…..we are unable to accept the contention raised on behalf of the DPCC that it was not obligatory upon the DPCC to grant and/or refuse the consent to the Foundation for making such construction and the manner in which it would deal with the sewerage, Municipal Solid Waste generated and the source of water supply for holding such a huge gathering at the event in question. In any case, it was expected of the Board to issue appropriate directions in exercise of its statutory powers. The Board has failed to exercise due diligence and in fact it has exercised its authority improperly in taking a stand that no orders were called from the Board in the facts and circumstances of the case.”.While costs were imposed on the DDA and DPCC, the tribunal did not spare other authorities either when it criticized the work done by the Police Department, Fire Department and the Ministry of Water Resources, River Development and Ganga Rejuvenation..Additionally, NGT has also passed a series of directions to the Foundation such as:-.a) Comply with the safety, construction stability and other requirements of all the concerned authorities as well as obtain permission from the Police Department, Fire Department and also fulfill other requirements stated in the letter of the Police Department;.b) File an undertaking before the Tribunal that it would, within two weeks from date of demand by DDA, pay the balance amount for restoration, as directed by the Tribunal..This follows the undertaking given by the foundation itself that it will not release any kind of enzymes into the Yamuna river, its tributaries or any water bodies henceforth without obtaining due permission of CPCB and DPCC.
The National Green Tribunal today gave the green light for hosting of the ‘World Culture Festival’ event organized by the Art of Living Foundation..The grant of permission was accompanied with a fine of five crore Rupees imposed by the tribunal on the foundation. The other authorities that were fined for not meeting statutory compliances were the Delhi Development Authority (DDA) and the Delhi Pollution Control Committee. The two were fined with one lakh and five lakh rupees respectively..The event, scheduled to be held from March 11-13 on the banks of Yamuna river in New Delhi, has been under a cloud of controversy. A number of NGOs and environmentalists had opposed the event, arguing that the event would decimate the fragile ecosystem of the riverbed..Environmental activist Anand Arya, who was the petitioner in the case, had stated earlier that more than 1,000 acres of marshland had been mowed down for the conduct of this event. Over the course of two days of hearing, the Bench led by Justice Swatanter Kumar had come down hard on all the authorities involved in granting permission for conducting the event and had questioned them regarding the ‘legality’ of these permissions..In its 10-page order, the NGT has declined to grant a ‘prohibitory order’ and any directions for removal of construction in the said area, due to the delay in approaching the NGT. After imposing an initial fine of five crores, the NGT has also said that the entire area would be “developed as a biodiversity park”, with this fine to be used for the said development..The Tribunal further goes on to say,.“This Tribunal is primarily dealing with the ecological, environmental and biodiversity damage done to the river and the flood plains by the activity of the Foundation and the environmental consequences of holding such an event. We are not strictly concerned with the cultural event that is proposed to be held from 11th to 13th March, 2016…..…..we are unable to accept the contention raised on behalf of the DPCC that it was not obligatory upon the DPCC to grant and/or refuse the consent to the Foundation for making such construction and the manner in which it would deal with the sewerage, Municipal Solid Waste generated and the source of water supply for holding such a huge gathering at the event in question. In any case, it was expected of the Board to issue appropriate directions in exercise of its statutory powers. The Board has failed to exercise due diligence and in fact it has exercised its authority improperly in taking a stand that no orders were called from the Board in the facts and circumstances of the case.”.While costs were imposed on the DDA and DPCC, the tribunal did not spare other authorities either when it criticized the work done by the Police Department, Fire Department and the Ministry of Water Resources, River Development and Ganga Rejuvenation..Additionally, NGT has also passed a series of directions to the Foundation such as:-.a) Comply with the safety, construction stability and other requirements of all the concerned authorities as well as obtain permission from the Police Department, Fire Department and also fulfill other requirements stated in the letter of the Police Department;.b) File an undertaking before the Tribunal that it would, within two weeks from date of demand by DDA, pay the balance amount for restoration, as directed by the Tribunal..This follows the undertaking given by the foundation itself that it will not release any kind of enzymes into the Yamuna river, its tributaries or any water bodies henceforth without obtaining due permission of CPCB and DPCC.
